Yaduveer Singh Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3886 MP

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                           IN   THE      HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                  BEFORE
                                   HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                               CHIEF JUSTICE
                                                     &
                                HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 13 th OF MARCH, 2023
                                          WRIT PETITION No. 27131 of 2022

                    BETWEEN:-
                    YADUVEER SINGH KIRAR, S/O LATE SHRI BADAN SINGH, AGED
                    ABOUT 34 YEARS, OCCUPATION: GOVT. JOB, R/O HARIHAR
                    NAGAR, SAGARTAL ROAD, BAHODAPUR, DISTRICT GWALIOR
                    (MADHYA PRADESH)

                                                                                     .....PETITIONER
                    (BY SHRI SOMNATH SETH - ADVOCATE)

                    AND
                    1.     THE STATE OF MADHYA PRADESH, THROUGH ITS
                           PRINCIPAL SECRETARY, DEPARTMENT OF HOME,
                           MANTRALAYA, VALLABH BHAWAN, BHOPAL (MADHYA
                           PRADESH)

                    2.     SUPERINTENDENT   OF      POLICE, DISTRICT   GWALIOR
                           (MADHYA PRADESH)

                    3.     STATION HOUSE OFFICER, POLICE STATION BAHODAPUR,
                           DISTRICT GWALIOR (MADHYA PRADESH)

                    4.     SULTAN SINGH RAJPUT, S/O LATE BABU SINGH RAJPUT,
                           AGED ABOUT 59 YEARS, OCCUPATION: PRIVATE JOB, R/O
                           NEW COLONY NO.1, HOUSE NO. 214, KANCH MILL, BIRLA
                           NAGAR, GWALIOR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                    (BY SHRI RAJESH SHUKLA - DEPUTY ADVOCATE GENERAL FOR RESPONDENTS
                    NO.1 TO 3 AND SHRI SHIV PRATAP KUSHWAH - ADVOCATE FOR RESPONDENT
                    NO.4)

                           T h i s petition coming on for orders this day, Hon'ble Shri Justice Ravi
Signature Not Verified
Signed by: PREM SHANKAR
MISHRA
Signing time: 14-03-2023
08:14:01 PM
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                   Malimath, Chief Justice passed the following:
                                                              ORDER

This petition is filed under Article 226 of the Constitution of India for issuance of a writ of habeas corpus seeking production of petitioner's minor daughter namely Ku. Krishna.

The plea of the petitioner is that his minor daughter is in the illegal custody of respondent No.4 who is the maternal grandfather of the child. After the death of the petitioner's wife, the corpus is in the custody of her maternal grandfather namely the respondent No.4. Hence, the instant petition.

Learned counsel for the petitioner relies on the judgment of the Hon'ble Supreme Court in the case of Tejaswini Gaud and others vs. Shekhar Jagdish Prasad Tewari

and others, reported in (2019) 7 SCC 42 with reference to paragraphs 10, 14 and 19 in order to contend that the natural guardian is the father and, therefore, the custody with the maternal grandfather is illegal. Hence, he pleads that the custody be handed over to him.

On hearing learned counsels, we do not find any ground to grant a writ of habeas corpus. The question of custody of the child are matters to be considered only under the Hindu Minority and Guardianship Act, 1956 or the Guardians and Wards Act, as the case may be. Even in para 20 the Hon'ble Supreme Court have held that when a detailed enquiry is required, the court may decline to exercise the extraordinary jurisdiction and direct the parties to approach the concerned civil court. In the instant case, we do not think that it is appropriate to issue a writ of habeas corpus to produce the minor especially when the minor is in the custody of none other than her own maternal grandfather. Therefore, the petitioner is well advised to approach the appropriate court for necessary relief. Hence, we find no good ground to entertain the petition.

The writ petition is accordingly dismissed.

Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 14-03-2023 08:14:01 PM

(RAVI MALIMATH) (MILIND RAMESH PHADKE) CHIEF JUSTICE JUDGE PSM

Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 14-03-2023 08:14:01 PM